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09-14-1993 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA SEPTEMBER 14,1993 The City Council of the City of Orange, California convened on September 14, 1993 at 3:00 P,M,in a Regular Meeting in the Council Chambers, 300 E, Chapman Avenue, Orange, California, 3:00 P.M. SESSION 1. OPENING 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ABSENT - None 1.3 APPROVALOF MINUTES Regular Meeting August 17, 1993,MOTION - Barrera SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved,Regular Meeting August 24, 1993, MOTION - Coontz SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved,Adjourned Regular Meeting August 3 I, 1993,MOTION - Murphy SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved,1. 4 PRESENTA TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Frank Greinke, Sr., owner of Southern Counties Oil, 1825 W, Collins, Orange, presented gifts and a message from Sister City in Novo-Kosino, Russia, (ORI800,O.14.11)PAGE 1 CITY COUNCIL MINUTES SEPTEMBER 14,1993 1.5 PROCLAMA nONS Proclamation for Constitution Week September 13-17, 1993, accepted byCouncilwomanCoontzonbehalfoftheDaughtersoftheAmerican Revolution,2.CONSENT CALENDAR TAPE 429 2, I Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda ofaregularmeetingofSeptember14, 1993, at Orange Civic Center, Main Library, Police facility at I 107 North Batavia and the Eisenhower Park Bulletin Board; all ofsaidlocationsbeingintheCityofOrangeandfreelyaccessibletomembersofthepublicatleast72hoursbeforeCommencementofsaidregular meeting,ACTION: Accepted Declaration of Agenda Posting and authorized its retention asapublicrecordintheOfficeoftheCity Clerk.2,2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer inpaymentof demands,ACTION: Approved 2,3 Request the City Council approve Parcel Map No, 92-195 and accept the dedicationoftheeasementfordomesticwatersystem, the domestic water system and theeasementfortrafficsignalmaintenanceasdedicatedonthemap, (C2500, M, 16)FISCAL IMPACT: None, ACTION: Approved,2.4 CLAIM FOR DAMAGES FROM ( C3300,O) Aetna Insurance John Lewis Beaman Marjorie B, Jacobs FISCAL IMPACT: None ACTION: Denied claims and referred to City Attorney and Adjuster.REMOVED AND HEARD SEP ARATELY)2,5 Authorize the Finance Director to transfer $18,000,00 from Library BooksAccountNo,443 101 to Part-Time and Seasonal Account No, 413 102 in order toincreasehoursofoperationattheMainLibrary, Taft Branch and El Modena Branch beginningtheweekofOctober4, 1993, (C2500.I)FISCAL IMP ACT: None, Redistribution of CITY COUNCIL MINUTES SEPTEMBER 14,1993 2. CONSENT CALENDAR (Continued) MOTION - Murphy SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved,2, 6 Request Council approve the carrying of Oleoresin Capsicum Spray by Orange Police Officers, (C2500,K)FISCAL IMPACT: None, Funds will come from existing 1993/94 budget.ACTION: Approved,2, 7 Request authorization to approve a Homeowner Participation Program Grant and authorize the FinanceDepartmenttoprepareawarrantintheamountof $550,00,C2500,G,Ul)FISCAL IMPACT: Funds are available in Account No, 316-6053-427800-1221HomeownerParticipationProgram), Case No, 562, ACTION: Approved REMOVED AND HEAD SEP ARA TEL Y) 2,8 Request Council accept report on City of Orange Americans with Disabilities Act (ADA)of 1990 Transition Plan and authorize those City departments which fall under theprogramtomeetnecessaryadministrativerequirementsasindicated, (ORI800,O,27,ll) FISCAL IMPACT: None this fiscal year. There will be an impact over the next severalyearsasprojectsareimplemented, MOTION - Spurgeon SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Received and filed,2,9 Request Council approve execution of a Letter of Intent between the City of Orange and the Orange UnifiedSchoolDistrictfortheSchoolDistricttoprovideduplicatingservicesfortheCityofOrangeandinstructtheGeneralServicesDirectortoarrangeforthefinalagreementandcontractsforsaidprogram, (AZlOO,O,Agr.2132)FISCAL IMPACT: None, Funds have been budgeted for printing needs.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City,Page 3 n ________ CITY COUNCIL MINUTES SEPTEMBER 14, 1993 2. CONSENT CALENDAR (Continued) 2,10 Request Council approve the transfer of three pieces of City equipment from the StreetTreesurplusvehiclelisttothePublicWorksSanitationFundandthePublicWorksGeneralFund, (P2500,O) FISCAL IMPACT: No impact to the General Fund, ACTION: Approved, 2,11 Request the City Council reject all bids received for Bid Number 923-17 (FurnishandInstallaVaporExtractionUnit) and rebid this project (B4100, O)FISCAL IMP ACT: None,ACTION: Approved,2,12 Request approval of contract renewal with Municipal Resource Consultants for salestaxauditingserviceforaperiodofthreeyears, (A2100,O,Agr 1856, A)FISCAL IMPACT: Average annual cost for the services is $100,000,00, Newrevenuediscoveredwillbeapproximately $400,000,00 annually,ACTION: Approved,REMOVED AND HEARD SEPARATELY)2,13 Request to formally adopt Economic Development Strategy, consider establishment ofanOrangeEconomicDevelopmentPartnership, and consider approval of 1993-95 Economic Development Implementation Plan, (Continued from 8/17/93.) ( R3500.0)FISCAL IMPACT: Formal adoption of the Strategy, the establishment oftheOrangeEconomicDevelopmentPartnership, and approval of the Implementation PlanwillnotimpactCityrevenuesinanyway, A separate Agency Agenda Item allowsforanappropriationoffundstobeginimplementationoftheEconomicDevelopmentProgram,Funds for the marketing collateral materials were previously appropriated bytheAgencyBoardtoAccounts914-9805-726600-9116,922- 9813_726600_9116 and 932-9823-726600-9116,EllenBonneville, Acting Administrator of Economic Development introduced the following speakers: Brent Hunter, Executive Director of the Chamber of Commerce, 80 Plaza Square, Mr. Hunter reported there was arecentchangeintheplantodroptheproposalforabusinessimprovementdistrictandtheassociated $12,00 per year business license surcharge, Mr. Hunter furtherreportedthecommitteewillconsistoftwomembersoftheCouncil, a number of members fromthebusinesscommunityandwillbechairedbyWayneMiller, 1201 E, Katella, Mr. Miller addressed Council on the committee's goals,Funds will be raised CITY COUNCIL MINUTES SEPTEMBER 14,1993 2. CONSENT CALENDAR (Continued) Mayor pro tern Barrera requested that other surrounding cities be contacted to see whattheireffortsonthislevelhaveproduced, Also, he requested that Council be presentedwithregularstatusreports, MOTION - Barrera SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved,2. 14 Request from County of Orange for waiver of 60-day notice requirement for donated space atII11N, Cambridge (Y orba Middle School) for the Health Care Agency's youth and familyservicesmentalhealthprogram, (A2100,O,Agr.1678,B)FISCAL IMPACT: None,ACTION: Approved, 2,15 Request from St. John's Lutheran School for closure of Shaffer Street between Almond Street andChapmanAvenuefrom6:00 a,m, to 9:00 p,m, on October 30, 1993 for their annual "FallFestival", (S4000,SA)FISCAL IMP ACT: None,ACTION: Approved, 2,16 Request to approve the Handy Park Sports Lighting Project.FISCAL IMPACT: $ 150,000,00 is budgeted in the 1993/94 CIP Budget; $60,000,00 in the CountyofOrangeUrbanParkAssistanceProgram, No, D 92-118, (C2500.M.4,10)The Director of Community Services announced Bid 934-01 was awarded to Skip'sElectric, Inc" in the amount of$127,688,OO; all other bids were rejected, MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved the award of the bid as announced,MOTION - Spurgeon SECOND - Barrera A YES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Items 2,5, 2,8 and 2,13 were removed and heard separately; all other items on the Consent Calendar were approved as recommended,ENDOFCONSENTCALENDARPage5 CITY COUNCIL MINUTES 3. SEPTEMBER 14,1993 REPORTS FROM MAYOR BEYER TAPE 896 3.1 Appointment of Councilman Mark Murphy as an alternate to the Orange/Santa AnaJointPowersAuthorityTransportationSystemImprovementAuthority. (ORI800.0.72) MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the appointment.3.2 Appointment of the following members to the Design Review Board: Steven Prothero and David Kent. (ORI800.0.8.1)Reappointment of the following members to the Design Review Board: Robert Hornacek, Erika Wolfe and BeauShigetomi,Terms to expire 9/14/95,MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the appointments and reappointments as listed,3.3 Reappointment of the following members of the City Traffic Commission, terms to expire 9/14/95: Frank Sciarra, William Leming and Norman Hower. (ORI800.0.19)MOTION SECOND AYES Spurgeon Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the reappointments 4. REPORTS FROM COUNCILMEMBERS NON-AGENDA ITEM Councilwoman Coontz reported, "On July 14, 1993, Mayor Beyer, on behalf of the City Council,wrote to Supervisor Steiner requesting a County Fireprotectionproposal. The reason for the request was the budget crisis and made evenmoresobytheprospectofanexpensiveunionlaborcontractwithourFireUnion, As the letterfromMayorBeyerstated, "Due to the current economic condition, the City of Orange is forcedtoexploreallopportunitiesandalternativestolowercosts." This situation has not changed,Page6 CITY COUNCIL MINUTES SEPTEMBER 14, 1993 4. REPORTS FROM COUNCILMEMBERS (Continued) As you know, on July 27th the County Fire Chief, Larry Holmes wrote the City to let the City know how the County would proceed with their proposaL On September 7th, Council received information from him as to the range in costs depending upon the service option the Council would select. There are potential savings of many millions of dollars according to the Chief and others who have discussed the matter. For that reason, Council should ask the County to proceed with an in- depth proposal as they offered to do in the letter. Our responsibility as elected representatives of the people should be to seek ways to reduce the cost of government without impacting the level of service to our community," Motion: Coontz Request to agendize for the September 21, 1993 Council meeting the consideration of proceeding with the County's proposal to consolidate the City's fire service with that of the County without negatively impacting our service levels, MOTION DIED FOR LACK OF SECOND, Councilwoman Coontz remarked, no decisions can be made nor can we even begin to determine what the opportunities would be if the full proposal, at a cost of$15,000, is not pursued, The City recently spent $5,500 for an outside consultant to look at the budgetary process, The 15,000 proposal would be money well spent if we could save millions of dollars, The City of Orange in the past took the leadership role with Net 4 Emergency services, the best in the County, which happened because of the Council's effort to try to discover ways to give better service at less cost. This is in no way different. 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 1082 5.1 Request for the removal of crossing guards at various school crosswalks, city- wide.S4000.S.3. 5)FISCAL IMP ACT: Elimination of each crossing guard would save the City approximately 6,000 per year.1) Chapman Ave, at Esplanade St.2) Chapman Ave, at Hewes St.3) Chapman Ave, at Rancho Santiago Blvd,4) Cambridge St. at Meats Ave,5) Chapman Ave, at Lewis St.6) Taft Ave, at Shaffer St.Page 7 CITY COUNCIL MINUTES SEPTEMBER 14,1993 5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued) MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the request and eliminate the crossing guards from the subject locations,6. ADMINISTRATIVE REPORTS TAPE 1203 6.1 Report from City Engineer on the completion of the Lorna Street extension.S4000.S.5) The City Engineer reported that Tracy, the developer, indicates they are prepared to complete the missing link of 1500 feet. The total distance begins at Santiago Canyon Boulevard north to the area adjacent to the City of Anaheim, If Tracy does not perform the street extension, the City has a bond which was posted and would complete approximately 600 feet that is outside the Edison Company boundary, and an additional 900 feet in Anaheim which is covered by bonds also. It is believed the project will be completed, If the City had to complete the extension, the City cost would be $75, 000, the portion in Anaheim is $100,000, The bonds that are held should be ample to cover the street extension,MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to receive and file the report,7. REPORTS FROM CITY MANAGER TAPE 1326 7.1 Report from City Manager and City Clerk on copy machine for public use. (C2500.C)The City Clerk reported the recommendation was to make no changes to the present charge and procedure for researching and making copies of records, A study was conducted by the City Clerk's office, contacting comparable size cities, It was noted no City Clerk's Department has a copy machine for public use, nor will they release an original document to the public for copying,With the new imaging system, the public can view the document and obtain a copy which is estimated at 25 cents, However, this procedure has not gone into effect due to a study being completed on copy processing and charges, Carole Walters, 534 N. Shaffer, indica1ed 25 cents is a copy charge that is acceptable, but should be used throughout all departments,PageS CITY COUNCIL MINUTES SEPTEMBER 14,1993 7. REPORTS FROM CITY MANAGER (Continued) MOTION SECOND AYES Barrera Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to continue this issue to September 21, 1993 to clarifY alternative procedures.URGENT ITEM Request to adopt intention to purchase and install CAD, RMS and Laptop equipment for the Police Department. (C2500,K)MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that the need to discuss this item arose after the posting of the Agenda,The Police Chief reported in June, 1990 the Police Department was granted a license by the FCC for a 800 frequency to transmitdigitalinfonnation, However, due to various circumstances the Police Department was unable to meetatwoyeardeadlinerequiredbytheFCC. As a result of this, the FCC canceled the license, It was recently noted that if the Police Department can provide the FCC with a resolutionthatstateswithinthenexttwoyearsitisintendedtoutilizethelicensethereisagreat possibilitytheywillgrantthetwoyearextensiononthelicense.The Police Department's intent over the next two years is to implement the frequency which will allow them to transmit digital information, Research will be ongoing to find the best system and at that time present Council aproposalonhowtopayforit.RESOLUTION NO, 8238 A Resolution of the City Council of the City of Orange stating the City's intention to install a new computer automated dispatch, Records Management, andLaptopComputerSystemforthePoliceDepartment.MOTION SECOND AYES SpurgeonBarreraSpurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No, 8238 as introduced be adopted and same was passed and adopted by the preceding vote,Page 9 CITY COUNCIL MINUTES SEPTEMBER 14,1993 8.LEGAL AFFAIRS TAPE 1915 8,1 RESOLUTION NO, 8206 A Resolution of the City Council of the City of Orange finally accepting the completion of acertainpublicworkandimprovement. (A2100,O,Agr 2042) Bid No, 923- 11 Reservoirs #3 and # 9 MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that Resolution No, 8206 as introduced be adopted and same was passed and adopted by the precedingvote,8,2 RESOLUTION NO, 8232 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning CommissionoftheCityofOrangegrantingamodificationtoaConditionalUsePermittoallowaplannedunitdevelopmentofdetachedsinglefamilyhousinginlieuofanapprovedcondominiumprojectuponpropertysituatedsouthoftheplannedextensionofViaEscolaandwestoftheplannedextensionofLomaStreet. (C3300,O)Modification to Conditional Use Permit 1932-9]Applicants: Pacific Ridge Partners MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that Resolution No, 8232 as introduced be adopted and same was passed and adopted by the preceding vote,8.3 RESOLUTION NO, 8233A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of theCityofOrangeapprovingthesubdivisionofpropertysituatedsouthoftheplannedextensionofViaEscolaandwestoftheplannedextensionofLomaStreet.T4000,O)Modification toTentativeTract 14593 Applicants: Pacific Ridge Partners Page 10 CITY COUNCIL MINUTES SEPTEMBER 14, 1993 8. LEGAL AFFAIRS (Continued) MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that Resolution No, 8233 as introduced be adopted and same was passed and adopted by the preceding vote,8.4 RESOLUTION NO, 8234 A Resolution of the City Council of the City of Orange commending Mr. Ken Die! for heroic action in renderingassistancetoofficersinfootpursuitofafleeingsuspect. (C2500,K)MOTION SECOND AYES Spurgeon Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No, 8234 as introduced be adopted and same was passed and adopted by the preceding vote.8,5 RESOLUTION NO, 8235 A Resolution of the City Council of the City of Orange commending Ms, Carol Mendez for heroic action in rendering lifesaving aid toten-month old Jonathan Rivas, (C2500,K)MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No, 8235 as introduced be adopted and same was passed and adopted by the preceding vote,8,6 RESOLUTION NO, 8236 AResolutionof the City Council of the City of Orange commending Ms, Linda Miller for heroic action as she assisted in lifesaving efforts toten-month old Jonathan Rivas, (C2500.K)MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No, 8236 as introduced be adopted and same was passed and adopted by the preceding vote,Page 11 CITY COUNCIL MINUTES SEPTEMBER 14, 1993 8. LEGAL AFFAIRS (Continued) 8,7 RESOLUTION NO, 8237 A Resolution of the City Council of the City of Orange commending Ms, Gayle Lewis for heroicactioninrenderinglifesavingaidtoten-month old Jonathan Rivas, (C2500. K) MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No, 8237 as introduced be adopted and same was passed and adopted by the preceding vote,8,8 RESOLUTION NO, 8239 A Resolution of the City Council of the City of Orange authorizing the submission ofa certification applicationtotheFederalCommunicationsCommission, adopting regulations that are consistentwiththeFederalCommunicationsCommission's basic service rate rules and regulations; andestablishingcertainprocedurallawsandregulationswhichprovideareasonableopportunityforconsiderationoftheviewsofinterestedpartiesinrateregulationproceedingstakenhereunder, (UII 00,0)Councilman Spurgeon announced the company he works for has a business relationship with Cablevision ofOrange, an annual subscription fee for services and Councilman Spurgeon does not derive directfinancialbenefits, The City Attorney opined there is no financial interest as defined or interpretedbythePoliticalReformActorregulationsoftheFairPoliticalPracticesCommission, andCouncilmanSpurgeonmayvoteontheResolution,MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No, 8239 as introduced be adopted and same was passed and adopted by the preceding vote,8,9 ORDINANCENO, 9- 93 An Ordinance of the City Council of the City of Orange amending Section 17,06,030 of the Orange Municipal Code andreclassifYingpropertysituatedonthesouthsideofCulverAvenuebetweenShafferStreetandCambridgeStreetandcertainadjoiningparcelsontheeastsideofShafferStreetandthewestsideofCambridgeStreettotheR-2-6 classification, (ZI500,O)Zone Change 1159-93 Applicant: City of Orange Page 12 CITY COUNCIL MINUTES SEPTEMBER 14,1993 8. LEGAL AFFAIRS (Continued) MOTION SECOND AYES NOES ABSTAIN Barrera Murphy Barrera, Mayor Beyer, Murphy Coontz Spurgeon That Ordinance No, 9-93 have second reading waived and be adopted and same was passed and adopted by the preceding vote,8,10 ORDINANCE NO, ] 2-93 An Ordinance of the City Council of the City of Orange establishing a cost reimbursement system and a fee for improper use of the 9]] system, (C2500,K)MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No, ]2-93 have first reading waived and same was set for second reading by the preceding vote,9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Presentation from homeowners regarding "No Parking Street Sweeping Program",S4000, S,3 ,1.3) Dennis Choate, 2]83Bailey Dr., requested exemption from the provisions of Orange Municipal Code Section ]0.39,050, No Parking onStreet Sweeping Days, When the signs went up the residents began getting $3000 citations, 97,3% of the people who responded in the area indicated they want street sweeping but do not want to be compelled by the City of Orange by way of ordinance under threat of citation and what follows thereafter to move their cars,The Street Superintendent explained if this area is exempt this will snowball because this area will no longer have no parking on street sweeping days, and all those areas in the City on that same day that require street sweeping who do not wish to park in their driveways will park on this street, which will create a larger problem because the Street Sweeper will not be able to get next to the curbs to get the pollutants off that are part of the Storm Water Runoff Program,MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Page 13 CITY COUNCIL MINUTES SEPTEMBER 14,1993 10. ORAL PRESENTA nONS (Continued) Moved to continue this issue to October 19, 1993 at 7:00 P, M.. The City Attorney in conjunctionwiththePublicWorksDepartmentwasinstructedtoreporttoCouncilonhowtheNoParkingonStreetSweepingDaysProgramrelatestotheNationalPollutantDischargeEliminationSystemlaw. Alice Clark 205 N, Pine St., spoke in opposition to the request to remove the No Parking onStreetSweepingDaysigns, Mrs, Clark also requested a stop sign at the corner of Cambridge andMapleStreets, 11. RECESS MOTION SECOND AYES Murphy Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council recessed at 5:00 P,M, to a Closed Session for the following purposes:a, To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956,9(a), to wit:City of Orange vs. County of Orange, Orange County Superior Court Case No, 68 1889,b, To confer with its attorney to decide whether to initiate litigation pursuant to Government Code Section 54956, 9( c)c, To meet and give directions to its authorized representative regarding labor relations matters pursuant to GovernmentCodeSection54957,6,d, To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956, 9(b)(I)e, To consider and take possible action upon personnel matters pursuant to Government Code Section 54957,NOTE: The City Attorney removed Item ffrom the Closed Session,g, To consider and take possible action upon such other matters as are orally announced by the City Attorney, CityManagerorCityCouncilpriortosuchrecess, unless the motion to recess indicates any ofthematterswillnotbeconsideredinClosedSession,Page 14 CITY COUNCIL MINUTES 7:00 P.M. SESSION SEPTEMBER 14,1993 12. INVOCATION The audience paused for a moment of silent reflection, 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS - None 12. 3 INTRODUCTIONS - None 12.4 PROCLAMATIONS - None 12.5 PRESENTATIONS - None 13. PUBLIC HEARINGS TAPE3518 C3300,O)13. 1 CONDITIONAL USEPERMIT2026-93, TEXACO REFINING & MARKETING,INe.:The publichearing on petition by Texaco Refining & Marketing, Inc, to consider the sale of packaged beer andwinefromexistingretailspaceatanautomotiveservicestationat1815N.Tustin Street, aparcelsituatedatthenortheastcornerofTustinStreetandTaftlBriardaleAvenueshasbeencontinuedfromAugust17, 1993, The property's zoning classification is C-TR (Limited BusinessDistrict, Tustin Street Redevelopment Project Area), The service station was redeveloped lessthanten (I 0) years ago, and complies with the City's current zoning ordinance requirements, Theprojectsitealsoincludesanautomaticcarwash,NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines, Section 15301.MAYOR BEYER OPENED THE PUBLIC HEARING,Speaking in favor of the application:Rich Tait, Tait & Associates, 800 N, Eckhoff, representing Texaco, commented Texaco Concurs with all conditionsimposedbytheZoningAdministrator.Bill Tonan, representing Texaco Refining and Marketing, emphasized their training program and controls, Mr. Tonanfurtherremarkedaconditionbeaddedthatakeywouldbeneededtounlockthealcoholcoolersbetweenthehoursof8:00 P,M, and 2:00 AM, Between the hours of2:00 AM, and 6:00 AM, alcohol sales would be completely suspended, The Police Chief Concurred with this condition.THERE BEING NO FURTHER SPEAKERS MAYOR BEYER CLOSED THE PUBLIC HEARING,Page 15 CITY COUNCIL MINUTES SEPTEMBER 14,1993 13. PUBLIC HEARINGS (Continued) Mayor Beyer read the following statement: "Even knowing the constraints regarding it I am opposing the liquor permit for the Texaco Station at the corner ofTaftlBriardale and Tustin.Historically, we at one time enacted an ordinance prohibiting the sale of beer and wine in a gasstation, Our philosophy was that we felt was inconsistent to sell beer and wine at the samelocationasyoudispensegas, That, of course, survived until 1980s when the legislature caved in to the pressure from liquorcompaniesandtheparentgasstations, and made it illegal for us to maintain this policy, As a person who gave some 1800 speeches during the 60's, 70's and 80's regarding the hazardsconnectedwithbothlegalandillegaldrugs, I am distressed that oil companies are quick to moveoutoftheareaofdispensingthoseproducts, gasoline and others, and then add beer and wine toincreasetheirprofits, I am a great believer of free enterprise, and have no argument with peopletryingtoincreasetheirprofits, but I hate to see them doing it in such a way that infringes upon thehealthandsafetyofthecommunity, I am of the belief, however, that most oil companies andliquorcompanieshavenointerestincommunitieswhatsoever. The ABC does just about whatever the liquor companies want them to do so I won't even comment on them, Recognizing the fact that alcohol is the #] abused recreational drug in the U.S, today, and that ithascausedinnumerabledeathsandmiseryinoursociety, I feel it would be inconsistent for me tosupportthismotionforthislicense--even though I know the odds of my prevailing are slimand none,I have been a Texaco cardholder since 1957 and before I came into this meeting, I cut myTexacocreditcardinto4equalpieces, assuring them that I will no longer be using it. I fullyunderstandthatthiswillnotcausethemtogobankrupt, but I feel better about it and can buy mygasoline elsewhere,I understand that this will have many many conditions on it, but conditions are not alwaysaguarantee, and it has not done away with the dangers associated with minors getting a holdofboozeoranadultdriving drunk." MOTION SECOND AYES NOES Spurgeon Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines, Section 15301.Page 16 CITY COUNCIL MINUTES SEPTEMBER 14,1993 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES NOES Spurgeon Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to approve Conditional Use Permit 2026-93 as outlined in the Zoning Administrator's report dated July 8, 1993 to include the lock down of alcohol coolers between the hours of8:00 P,M, and 2:00 AM. No alcohol will be sold between the hours of2:00 AM, and 6:00 AM..TAPE 5053 A4000. 0)13. 2 APPEAL NO. 414, CONDITIONAL USE PERMIT 2017-93, CHAPMAN UNIVERSITY :Time set for a public hearing on petition by Mayor Beyer to appeal the decision of the Planning Commission on July 7, 1993 approving Conditional Use Permit 2017-93 to allow continued operation of the University's student health center at its current location at 404 N, Orange Street northwest corner of Orange and Sycamore), A Conditional Use Permit is required to allow a college use in the R-4 (Residential Maximum Multiple Family) District, to allow continued use of the modular building on the easterly portion of the site, and to permit the location of a second modular building on the westerly portion of the property, NOTE: Negative Declaration 1433-93 has been prepared in accordance with California Environmental Quality Act.THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:The proposed project has the potential for neighborhood impacts that deserve specific review by the City Council. "MAYOR BEYER OPENED THE PUBLIC HEARING,The Director of Community Development reported the request is also to permit a 14 x 30 ft modular structure, a second building which was placed on the site at some point in time following the original conditional use permit approval. This request is for a new conditional use permit and the University has paid the fee, The Department of Community Development has not received any neighborhood complaints regarding the operation of the wellness center.The Planning Commission recommended approval of the application,Page CITY COUNCIL MINUTES SEPTEMBER 14,1993 13. PUBLIC HEARINGS (Continued) Speaking in favor of the conditional use permit: Dick Cheshire, Vice President of Chapman University Relations AI McQuilken, Director of Facilities Management for Chapman University, commented theconditionalusepermitisforanunspecificperiodoftime, There are no plans at this time toeliminatethemodularunitsandmovethosefunctionsintoapermanentbuilding, but it is in linewiththestrategicplanforthenexttenyears, Mr. McQuilken commented he will monitor thepermitssotheydonotexpire, Council discussed the Liaison Committee consisting ofMr. Cheshire, Mr. Martini and Mr, BoschthathasbeengiventheauthoritytomakespecificrecommendationstoCouncilandhasbeenveryeffective, It was noted this committee has not been formally appointed by Council. Mayor Beyerindicatedthiswouldbeverifiedandcorrected, THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLICHEARING, MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy CEQA Motion: Moved to approve Negative Declaration 1433-93 as recommended by the Planning Commission,MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Motion on the Appeal: Moved to deny Appeal No, 414 and approve Conditional Use Permit 2017-93,MOTION SECOND AYESMayor Beyer Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to accept the following new policy: That the Director of Community Development refer proposed or requested application of Section 4,0 d of the City Council Chapman University Liaison Committee for review and recommendation, FinalactionmaythenbetakenbytheCityCouncilasawhole, This is anamendmenttotheexistingSpecificPlanwhichreads: "that will be done strictly by the Director of CommunityDevelopment:" Now it becomes a charge of the Chapman University City Council Liaison Committee,Page18 CITY COUNCIL MINUTES SEPTEMBER 14,1993 14. PLANNING AND ENVIRONMENT TAPE 5634 S4000,SJ,1.2) 14,1 Request for the implementation ofa 'Neighborhood Parking Permit Program' on both sides ofN, Shaffer Street between Katella Ave and Trenton Ave, FISCAL IMP ACT: None, The Traffic Engineer reported the permit would involve 16 residences, Staff reviewed the request and felt parking is not the major issue which has to do with overcrowding of the adjacent apartments and the spillover of the parked cars inlo the neighborhood, The Traffic Commission considered this request and decided it was not the answer to the neighborhood problems, Council discussed the need for a standard policy for City commissions that need to address the problems and make a decision, The following people spoke in favor of the program: Cindy Marx, 1431 N, Shaffer Jeff Marx, 1431 N, Shaffer Louis Peters, 1422 N, Shaffer David White, 1411 N, Shaffer Donna Linn, 1462 N, Shaffer, commented she is not sure she wants to participate in the program due to the costs involved, The Traffic Engineer explained how the vehicle stickers are applied and the costs involved, Gilbert Milon, Manager of the apartments at 1300 N, Shaffer, commented he is willing to address any problems that arise in the area due 10 overcrowding and parking, Councilwoman Coontz reported these people should not be charged the $1500,00 because they had applied for the permit long before the ordinance and fee structure went into effect. Their petition was misplaced by the Traffic Division, Mayor Beyer indicated this would be reviewed by Bernie Dennis, Traffic Engineer. MOTION SECOND AYES Mayor Beyer Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the implementation of a Neighborhood Parking Permit Program on both sides of North Shaffer Street between Katella Avenue and Trenton Avenue, Also, to investigate the possibility of not charging the $1500,00 fee for these residents because of the loss of their petition by the Traffic Engineer.Page 19 1 CITY COUNCIL MINUTES SEPTEMBER 14, 1993 15. ORAL PRESENTATIONS _ None 16. ADJOURNMENT MOTION SECOND AYES Mayor Beyer Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council adjourned at 8:30 PM.J?l(,lh/ it~/ ~daf/<'V MARILYN 1. NSE1'Wt CITY CLERKPage 20